KARACHI: Judiciary, law makers and legal fraternity are partners in national crime being committed indiscriminate and insensitive use of handcuffs, fetters and violence during arrest is blot on face of nation. Hashmat Habib President Tehreek-e-Tahafuz-e-Adlia (TTA) taking view of ugly situation erupted on violation of constitutional guarantee and failure of judiciary and other organs of State said Supreme Court Judges are free to re-write Constitution but unable to read Article-14 of Constitution which provides that dignity of man and subject to law, privacy of home, shall be inviolable and no person shall be subject to torture.

He urged Chief Justice of Pakistan Justice Qazi Faiz Isa must take stern action and direct government to revisit procedure of handcuffs, fetters and as well as standard procedure being adopted by armed forces and prison authority in violation of guarantee given by Constitution because dignity of any accused cannot be tarnished by abuse of procedure.

He said this constitutional guarantee is superior law while under procedure given in Prison Act and Police Rules are even subject to law but this procedure is being exercised under shelter of ignorance or inability of judiciary to stop it.

He said under Prison Act classification of accused and under trial prisoners or convicts is clear and any person who is educated, taxpayer and accustomed to better mode of life is entitled for better class and he cannot be handcuffed but in shameful manner politician, highly qualified citizens, including senior citizens are produced in court rooms in handcuffs and judiciary remains silent. He said even as per prevailing procedure every person from date of his arrest till conviction is entitled for class for which he has legal sanction. He said as defense counsel in case of murder wherein 17 religious scholars of Binori Town involved he pleaded and they were granted better class by court.

Published in The Daily National Courier, January, 08 2024

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